• Fraudulent Transfer: bank was not absolved of liability for fraudulent transfer of customer's funds where bank added security procedures not permitted by funds transfer agreement between the parties -- Chavez v. Mercantil CommerceBank, N.A., Case No. 11-15804 (11th Cir. Nov. 27, 2012) (reversing district court's order granting bank's motion for summary judgment and denying customer's motion for summary judgment)
  • FIRREA: FDIC complied with 12 USC 1821(e)(13)(A), which grants a receiver authority to enforce contracts entered into by a failed bank notwithstanding clauses that purport to terminate contracts on insolvency or receivership, when it assumed and transferred sublease despite termination clause within sublease purporting to terminate on transfer or sale -- IberiaBank v. Beneva 41-I, LLC, Case No. 11-11195 (11th Cir. Nov. 30, 2012) (affirming district court's order granting defendant's motion for summary judgment)